Posted originally on the CTH on January 24, 2025 | Sundance 

It will be interesting to watch how this unfolds with new Intelligence Community heads moving into position to support or shape the request.

This specific Executive Order [SEE HERE] approach runs counter to my personal, albeit controversial, opinion on how the declassification of sensitive documents should be handled in order to deliver the highest level of transparency. However, this approach does keep the lawyers in charge of the executive office in legal control of the mechanics.  The order essentially requires the nation’s security organizations to create plans to release the records.

Within the video, the first two executive orders are related to David Sacks and the Crypto/AI positions of the Trump administration. The rest of the Executive Orders are AVAILABLE HERE.  Full Press Conference:

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Don’t get your hopes up.  In my humble opinion this declassification request approach leads to nothing. Perhaps I will be wrong. I hope so, but prior experience shows big initial headlines and empty results.

FIRST, look at the XO:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Policy and Purpose.  More than 50 years after the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, and the Reverend Dr. Martin Luther King, Jr., the Federal Government has not released to the public all of its records related to those events.  Their families and the American people deserve transparency and truth.  It is in the national interest to finally release all records related to these assassinations without delay.

The President John F. Kennedy Assassination Records Collection Act of 1992 required all records related to the assassination of President Kennedy to be publicly disclosed in full by October 26, 2017, unless the President certifies that:  (i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.  President John F. Kennedy Assassination Records Collection Act of 1992, section 5(g)(2)(D), Public Law 102-526, 106 Stat. 3443, 3448–49, codified at 44 U.S.C. 2107 note.

I previously accepted proposed redactions from executive departments and agencies (agencies) in 2017 and 2018, but ordered the continued re-evaluation of those remaining redactions.  See Temporary Certification for Certain Records Related to the Assassination of President John F. Kennedy, 82 Fed. Reg. 50,307–08 (Oct. 31, 2017); Certification for Certain Records Related to the Assassination of President John F. Kennedy, 83 Fed. Reg. 19, 157–58 (Apr. 26, 2018).  In the Presidential Memorandum of April 26, 2018, I also ordered agencies to re-review each of those redactions over the next 3 years and disclose information that no longer warrants continued withholding under the standard set forth in section 5(g)(2)(D) of the President John F. Kennedy Assassination Records Collection Act of 1992.

President Biden issued subsequent certifications with respect to these records in 2021, 2022, and 2023, which gave agencies additional time to review the records and withhold information from public disclosure.  See Temporary Certification Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy, 86 Fed. Reg. 59,599 (Oct. 22, 2021); Certifications Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy, 87 Fed. Reg. 77,967 (Dec. 15, 2022); Certification Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy, 88 Fed. Reg. 43,247 (June 30, 2023).

I have now determined that the continued redaction and withholding of information from records pertaining to the assassination of President John F. Kennedy is not consistent with the public interest and the release of these records is long overdue.  And although no Act of Congress directs the release of information pertaining to the assassinations of Senator Robert F. Kennedy and the Reverend Dr. Martin Luther King, Jr., I have determined that the release of all records in the Federal Government’s possession pertaining to each of those assassinations is also in the public interest.

     Sec. 2.  Declassification and Disclosure.  (a)  Within 15 days of the date of this order, the Director of National Intelligence and the Attorney General shall, in coordination with the Assistant to the President for National Security Affairs and the Counsel to the President, present a plan to the President for the full and complete release of records relating to the assassination of President John F. Kennedy.

     (b)  Within 45 days of the date of this order, the Director of National Intelligence and the Attorney General shall, in coordination with the Assistant to the President for National Security Affairs and the Counsel to the President, review records related to the assassinations of Senator Robert F. Kennedy and the Reverend Dr. Martin Luther King, Jr., and present a plan to the President for the full and complete release of these records.

     Sec. 3.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

     (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

     (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. [LINK]

Here’s the alternative, controversial approach:

Dear Mr. President and White House counsel:

Understanding the ordinary process of declassifying documents is a request and authorization to the executive officers and stakeholders of classified information; and understanding the current authorization is not ordinary because the intelligence community stakeholders are averse to the interests of the office of the president; here is a process to cut through the chaff and countermeasures.

The background here is that any unilateral declassification request, demand or authorization by President Trump puts him opposition to a variety of corrupt interests.

As a direct result the executive office of the president will be facing legal action, likely from unified democrats and republicans in the legislative branch.  With that accepted, here is the most strategic approach.

In anticipation of litigation:

President Trump informs the Office of the Director of National Intelligence, Tulsi Gabbard, that he wishes to have a full intelligence briefing on the following documents (more may be added), all documents are to be presented without a single redaction:

The full and complete records relating to the assassination of President John F. Kennedy.

The full and complete records relating to the assassination of Senator Robert F. Kennedy and the Reverend Dr. Martin Luther King, Jr.

The President selects a date for this briefing and through direct orders to his chief of staff, Susie Wiles and National Security Advisor, Mike Waltz, informs the Office of the Director of National Intelligence, Tulsi Gabbard, to advise and coordinate with all executive branch intelligence officials, who were/are stakeholders in the compartmented intelligence products as described above, of their request be present for the briefing.

The White House counsel’s office is not to be informed of the intent or purpose of the meeting; however, the Presidents’ White House counsel is requested to attend. Further, all of the compartmented intelligence is to be collectively assembled by the ODNI (Gabbard) into one volume of a singular Presidential Daily Briefing (PDB) although each set might be file boxes.  There are to be eighteen printed copies of the PDB material assembled and secured for the briefing, post haste.

Additionally, the office of the president personally informs the ODNI (Gabbard) of the executives’ request to invite for the briefing each member of the legislative branch Intelligence Community oversight known as the Gang-of-Eight.

Immediately after the briefing by the executive level (cabinet) department officials, while remaining in a closed and classified session, the full and comprehensive content of this collective intelligence product will be discussed with the full assembly of the U.S. Legislative Branch Intelligence Oversight known as the Gang of Eight.

Therefore, National Security Advisor Mike Waltz is instructed to coordinate with the ODNI (Gabbard) for the attendance of the Gang of Eight: Speaker Mike Johnson, Minority leader Hakeem Jeffries, HPSCI Chairman Rick Crawford, HPSCI Ranking Member Jim Himes, Senate Majority Leader John Thune, Senate Minority Leader Chuck Schumer, SSCI Chairman Tom Cotton and SSCI Vice-Chair Mark Warner. [Topic “TBD”]

In order to facilitate the briefing. Each member of the participating group will be provided with one full printed copy of the material assembled by the ODNI during the briefing.

[Each of the participants carries the prerequisite clearances, legal and constitutional authority to engage with the classified documents according to their position and status. Only the executive can assemble the product for Go8 review and feedback]

At the conclusion of the briefing; and after hearing from, and engagement with, each of the participating members of the executive intelligence offices and duly authorized legislative oversight representatives; and after listening to their opinion as to the subject material discussed; the president announces to the fully assembled leadership of both the Executive branch (cabinet) and Legislative branch (Go8), it is his opinion the National Interests of the United States can best be served with the American people having a full, transparent and honest review of the material assembled and discussed.

The President, no-one else, only the President, [with his affirmed constitutional power and protection – as acting within his official duty] then collects the printed portfolios [or boxes] as they were distributed to the participants, exits the briefing, and walks directly into the James Brady press briefing room within the White House; handing each of the awaiting twelve members of the national media a copy of the briefing material to be published on behalf of the American people.

At exactly the same time as President Trump enters the briefing room, one copy of the assembled portfolio is hand delivered, by President Trump only, to White House communications director with instructions to scan and release the content to the public through the White House website.

Done.

The American people are aware…